Copy 1 



THE MAGEE INCIDENT 



HOW A GREAT POWER 

SECURED ADEQUATE REDRESS FOR THE 

ILL-TREATMENT OF 

ITS CONSULAR REPRESENTATIVE 



Respectfully Submitted To The Attention of 

PRESIDENT WILSON 

AND 

THOSE WHO SHARE WITH HIM 

The Responsibility For The Conduct Of Our 
Foreign Relations 



Prepared from Official Documents, by 
ELLERY cf STOWELL 

Author of Consular Cases and Opinions, Le Consul, Etc. 



RRICE, 2S CEIMTS 



JOHN BYRNE & COMPANY 

715 Fourteenth Street, Northwest 

WASHINGTON, D. C. 

1920 



COPYRIGHT, 1920 
BY BI,I<BRY C. STOWBI,!, 



©C1A563537 
FEB 2 1 1920 



? ^\'\l^<^ 



i 






THE MAGEE INCIDENT (1874) 

Great Britain and Guatemala 

The American consular agent at San Jose, Guatemala^ 
in a letter of April 26, 1874, writes as follows: 
Sir, 

On the arrival of the steam-ship "Arizona" at the port 
on the morning of the 24th instant, the chief officer of 
the ship came ashore to see Mr. Magee about discharging 
his ship. On his return to the steamer he was met by 
the Gomandante on the head of the pier, who told him 
he would not permit him to embark. The officer reported 
the case to me. I at once went to the Gomandante and 
told him he must not interfere with American sailors 
passing to and from their ships, so he let him off. An 
hour after I received a message that Mr. Magee and Mr. 
Moncrieff were prisoners, and in prison by order of the. 
Gomandante. I went to the Gomandante to inquire 
what he had arrested them for. His reply was, he would 
release Mr. Moncrieff, but he would give Mr. Magee 500 
lashes today, and tomorrow he would shoot him. His 
reasons : — He had sent for Mr. Magee to come to his 
house. Magee, having a sore foot, sent back word he 
could not come. The Gomandante sent word to Mr. 
Magee to state his reasons for not coming in writing. 

Magee's written reasons were, he had a sore foot ; and 
besides, his position as British Vice-Gonsul exempted him 
from appearing. 

♦Prepared from the material in the Parliamentary Papers, 1875, vol. 
82. 



The Comandante then sent a guard of soldiers to 
bring him, and if he would not come, to arrest him or 
shoot him. 

The soldiers went to the house of Mr. Magee and took 
him prisoner. 

Before leaving the house Mr. Magee put a pistol in his 
pocket. 

On appearing before the Comandante (who met him 
going up stairs) he asked him why he had brought that 
pistol with him. 

Mr. Magee replied, "Knowing you to be a very violent 
man, I carry this pistol to defend myself." 

The Comandante then struck Mr. Magee in the face 
several times, and told him today he would give him 500 
lashes, and tomorrow he would shoot him. 

This was about 12 o'clock (noon) 

I did not think the Comandante would dare to carry 
out his threats, but I was very much mistaken; for at 4 
o'clock P. M. the soldiers were formed, the bugles sound- 
ed, and Mr. Magee was brought up to be lashed. 

I at once went to my office and wrote a protest, in the 
name of the United States, against such a disgraceful 
outrage against humanity, civilization, and all laws, 
human and divine, but he would not receive my protest 
or listen to me in any way. I was rudely put down stairs 
by the soldiers, and he carried out his shameful and in- 
famous outrage on the person of a representative of a 
civilized and Christian nation. 

I tried to telegraph you several times during the day, 
but the Comandante had seized the telegraph and would 
permit no communication on that day, so I acted on my 
own judgment, and am responsible for all my actions, 
and will accept any result they may entail; and if my 



conduct has exceeded my official duty, I can only say I 
will be satisfied with any action you may conceive it your 
duty to take in reference to the whole course of this 
disgraceful affair. My conduct will never bring a blush 
to the cheek of an American. 

During the whole course of the day I could not get 
an opportunity to tell the Comandante of the dreadful 
result of his conduct. 

This day, all day, he was blind and stupid with drink 
and revenge. But something must be done. Mr. Magee 
had received 210 lashes, the first part of the threat had 
been carried out, and the second was that tomorrow 
morning Mr. Magee must die. Nearly every foreigner 
had fled the port. 

I determined to save his life, whether it was my official 
duty or not ; whether I saved my own life or not. I waited 
till morning, got up very early, that I might see the 
Comandante before he had taken any drink. 

About 7 A. M. T saw the Comandante bringing Mr. 
Magee out. He formed the soldiers, and was ready to 
flog Mr. Magee again. 

I immediately went up to him and told him not to 
attempt to go any farther with this infamous outrage. 
He said he was going to give Mr. Magee more lashes 
and then shoot him. I told him it would ruin him and 
bring misfortune on his country, perhaps ruin. He listened 
to me and began to think and understand his situation. 
He said, "I am ruined any way, and before the event I 
will kill Mr. Magee." 

He then says, "I will flee the country; and if Mr. 
Magee will give me money I will go aboard the steamer 
if you will put me safely there." Mr. Magee at once 
said, "I will give you all the money you want." I pledged 
him the protection of the American flag. 



At this time the captain of the "Arizona" (Captain 
Morse) sent me word that he was going to leave. 

I wrote him a note, imploring him to delay an hour 
longer. 

I had the money in my pocket, and the Comandante 
was ready to go. He bid Mr. Magee good-bye and told 
him he was free. I walked down the pier with him, and 
we got into the boat together and pushed away. 

I had now succeeded in saving Mr. Magee's life, and 
now risked my own; for when the boat had arrived at 
the steps of the steamer's ladder I got out first, the Co- 
mandante following me, with one foot on the steps and 
the other still in the boat, when the passengers, armed 
with pistols, opened fire on the Comandante, after I had 
promised him the protection of our flag. It was on this 
condition he had agreed to spare Mr. Magee. He received 
two mortal wounds, stepped back into the boat, and went 
to the shore. 

He now lies in a dying condition.* I regret this last 
outrage. 

In justice to Captain Morse, I must say he did all that 
he could to prevent it. 
I am, &c., 

(Signed) EDWIN JAMES, 

United States' Consular Agent. 

The British Vice-Consul was a merchant consul, which 
corresponds to a "consular agent" in other services. The 
statement which he made agrees substantially with this 
account. From Mr. MoncriefT we learn that he had 
previously warned the Guatemalan authorities of the re- 
sponsibility they would incur by retaining such men as 
the Comandante Gonzales and the Administrator Bulnes 



* He recovered and was punished. 



in office. He also relates how, acting under the directions 
which Mr. Magee was able to convey to him, he suc- 
ceeded in notifying the Guatemalan authorities of Mr. 
Magee' s arrest. The President of Guatemala seems to 
have acted with due diligence. He removed the guilty 
officials, and they were brought to punishment with 
reasonable dispatch. 

On May 1, the British charge in Central America 
entered into an agreement with the Guatemalan Minister 
for Foreign Affairs in regard to the satisfaction which 
the Guatemalan Government should give the British Gov- 
ernment for the outrage upon its consular representative 
committed by the Comandante, a Spaniard in the 
service of the Republic. In addition to the punishment 
of the Comandante and the Administrator Bulnes the 
Guatemalan Government agreed to salute the British flag 
with twenty-one guns. The matter of indemnity raised 
by the British charge caused more difficulty. The Guate- 
malan Government set forth its view that it could not be 
held responsible for an act such as that of the Co- 
mandante when it had made every effort to bring the 
transgressor to punishment, and even if the Guatemalan 
Government should be held as obligated to pay an in- 
demnity, Guatemala contended that such indemnity was 
a personal matter with the victim of the outrage. Now 
Mr. Magee had expressed his appreciation of the prompt 
action taken by the President of Guatemala and had 
already renounced any claim for an indemnity, hence 
no demand could be rightfully made. Nevertheless the 
Government of Guatemala placed on record its consent 
that "H Her Britannic Majestys Government shall, when 
it shall have a full knowledge of the matter, and of the 
conduct of the Government of Guatemala, and of the 
manner in which it has deplored this event, be of opinion 



that it ought to ask for an indemnity, and should insist 
upon it, notwithstanding the contrary resolution of the 
outraged Mr. Magee, then the Government of Guatemala 
will enter, with that of Her Britannic Majesty, into the 
negotiations convenient to arrange this point." 

When Lord Derby, then Minister of Foreign Affairs, 
received the report of the occurrences at San Jose, he 
approved the conduct of the British charge, and, in view 
of the diligence of the Guatemalan Government in the 
prosecution of the offenders, expressed the \yillingness of 
his government to accept the apologies oft'ered. but, in 
his instructions to the British charge, he declared that 
the nature of the outrage required "that the salute to the 
British flag should be given in the most formal manner," 
and to this end he communicated with the Admiralty, so 
that the vessels of the squadron in the Pacific might pro- 
ceed to San Jose to take part in the ceremony. Lord Derby 
further insisted upon an indemnity, but said that he was 
willing, in view of the action of the Guatemalan Gov- 
ernment, to place it at the small figure of ten thousand 
pounds. He did not accept the views of the Guatemalan 
Government as to the personal nature of this indemnity, 
but considered it as due for the outrage to a British con- 
sular representative. Lord Derby further instructed the 
British chargd to insist upon the payment of the indemnity 
of ten thousand pounds at the time of the salue of the flag, 
and, if the Guatemalan Government should attempt to 
discuss the matter, he was directed to inform them of this 
final decision of the British Government, and to warn 
them of the consequences of a failure to comply there- 
with. 

About this time — July 29 — the following item appeared 
in the "London Daily News" : 

"The Outrage of Consul Magee. — We are in- 



formed that the EngHsh fleet in the Pacific is ordered 
to collect at Panama, and will proceed to one of the 
ports of Guatemala to enforce prompt payment of 
£20,000 in compensation for the outrage on Consul 
Magee." 

This called forth a note from General Negrete, the 
Guatemalan Minister at London. He quoted the article 
and stated that it had caused apprehension and that mer- 
chants hesitated to ship goods to Guatemala for fear 
commercial intercourse might be interrupted by hostili- 
ties. The minister asked Lord Derby to inform him 
whether there was any foundation for the statement ap- 
pearing in the press. In reply, Lord Derby simply com- 
municated to the Guatemalan representative a copy of the 
instructions he had sent the British charge. In view of 
their somewhat peremptory tone it is not surprising that 
General Negrete replied with a mild protest. He noted 
that Lord Derby had instructed the British representa- 
tive, in the event that the malefactors should not be 
adequately punished, to insist that they be brought to 
justice. General Negrete informed Lord Derby that full 
punishment had been inflicted, and he considered that 
the Guatemala Government had acted of its own free 
will, actuated by a sense of its obligation. He further 
contended that the presence of the squadron and other 
formalities in regard to the salute of the British flag were 
out of all proportion to the gravity of the injury. "And 
why," he asks, "M. le Ministre, such ostentation of power 
before the Republic of Guatemala, which has shown her- 
self indignant against the criminals who outraged the 
English Vice-Consul, and which immediately tried them 
and sentenced them with all the rigor of the law? The 
conduct of the Guatemalan Government in this unfor- 
tunate affair does it honor in face of Great Britain and 



8 

in face of the civilized world. Why is it now required 
to salute with a solemnity only befitting cases of much 
more seriousness, such, for example, as when a govern- 
ment orders capital executions, which have been per- 
formed, and the destruction of flags? What solemnity 
is reserved, then, for the case of giving salutes of honor 
after the conclusion of a war, or the surrender of arms 
in the open field? England has not required the salute 
from Guatemala, it is Guatemala which has offered it to 
England, from considerations of honor, of friendship, 
and of civilization, not because Guatemala considers her- 
self culpable before England, but, on the contrary, de- 
serving of consideration before the whole world, for the 
Government of Guatemala, employing all its resources, 
succeeded in capturing the fugitive criminals, and 
sentenced them with all the rigor of the law in ninety 
days after a Vice-Consul had been outraged. Consider- 
ing these circumstances, it would appear to be sufficient 
merely that the English flag should be hoisted on the 
British Vice-Consulate, and that the Commandancy of 
the port should salute it with the usual twenty-one can- 
non-shots." 

A few days later, General Negrete wrote again to 
complain that the British Government had failed to take 
any notice of the communications he had made, and to 
this Lord Derby replied, August 15 : 

"I fully appreciate the sentiment which induced you 
to address to me the note in question; but I must beg 
leave to point out to you, in reply, that it is impossible 
satisfactorily to discuss here the matter to which it re- 
lates." 

The discussion was continued at San Jose and these 



same arguments repeated. In his note of August 31, the 
Guatemalan Minister for Foreign Affairs concluded his 
arguments against the indemnity as follows : 

"I regret to have to insist in denying the force of this 
argument of Lord Derby. My Government cannot under- 
stand that the injury done by Gonzalez to Magee is under- 
stood as done to the British nation ; and, in granting that 
it is so, it is surprised to see that your Government desires 
that the honor and dignity of England should be indemni- 
fied with money. The question of honor and satisfaction 
is arranged by the salute to the British flag, stipulated 
for in Article II of the Protocol, as is customary between 
civilized nations. The honor of these and of their Gov- 
ernments cannot be indemnified by money, whatever the 
sum may be that is offered. National offenses have no 
price. 

"My Government, whilst it further considers this point, 
insists that it owes to yours no indemnity, and with this 
view, trusts that you will transmit to the proper depart- 
ment the observations contained in this despatch, in order 
that, in conformity with the stipulations of the Protocol, 
the negotiations on this point may be opened in a formal 
manner." 

To this note the British charge, in accordance with his 
instructions mentioned above, replied with the following 
ultimatum : 

"Sir : I have the honor to acknowledge the receipt of 
your Excellency's despatch, dated today, answering that 
of Lord Derby to me, dated June 30. 

"In reply, I have the honor to state that, by the first 
opportunity, I will forward a copy of your Excellency's 
communication to my Government, but I regret to inform 
your Excellency that my instructions are not to discuss 



10 

the points raised by your Excellency as regards the pay- 
ment of the indemnity, and, with a view of avoiding 
grave compHcations for your Excellency's Government 
and for the people of Guatemala, I have now the honor 
to present the ultimatum of Her Britannic Majesty's 
Government, which is the immediate payment of the in- 
demnity fixed by Lord Derby, namely 10,000 sterling. 
"I await your Excellency's reply with much anxiety. 
"I avail, etc., 

(Signed) HENRY SCHOLFIELD." 

To this the Guatemalan Minister for Foreign Affairs 
replied : 

"Sir: I have received your note, dated today, in which 
you inform me that, in accordance with your instructions, 
you are not authorized to discuss the question of indemni- 
zation, and that the ultimatum of your Government is to 
demand at once the 50,000 dollars which Lord Derby 
names as indemnity for the outrage which the ex-Com- 
mandant Gonzalez inflicted in the port of San Jose on 
Vice-Consul Magee. 

"With reference to your note I answer that, in view 
of the difficulties and grave complications which you 
augur for my Government and for the people of Guate- 
mala, and the wish to avoid involving the country in the 
bloodshed of an unequal struggle which would be pro- 
voked by a resistance to the ultimatum of Her Britannic 
Majesty, my Government has decreed that the sum re- 
ferred to should be placed at your disposition, to which 
effect I enclose an order on the Minister of Finance for 
50,000 dollars. 

"Notwithstanding this, my Government, firm in its 
rights, has determined to address itself directly to that 
of Her Britannic Majesty, explaining more fully the 



11 

reasons tliat it has for believing to be neither just nor 
true its mode of proceeding in this affair of the indemnity 
which it has demanded and forced us to pay to you. 
"I avail, etc., 

(Signed) MARCO A. SOTO." 

An account of the manner in which the matter was 
finally settled through the salute of the flag is given in the 
following report of Rear Admiral Cochrane to his official 
superiors : 

"Repulse," at San Jos^ de Guatemala, 

September 5, 1874. 

Sir : I have the honor to inform you, for the informa- 
tion of the Lords Commissioners of the Admiralty, that 
on the 24th August I received a letter from Mr. Schol- 
field, Her Britannic Majesty's Charge d'Affaires at 
Guatemala, informing me that Colonel Gonzalez and 
Bulnes had been sentenced to confinement to the satis- 
faction of Her Majesty's Government. 

2. A subsequent communication from Her Majesty's 
Charge d'Affaires, dated 31st August, stated that the 
sum of 10,000/. sterling had been paid by the Guatemala 
Government into his hands, as the indemnity for the 
outrage committed on the person of Vice-Consul Magee. 

3. The Guatemala troops, about 230 strong, with 4- 
pieces of Artillery, having arrived from Guatemala, the 
inclosed programme as to the manner in which honor 
should be rendered, and the salute of twenty-one guns 
fired, to the British flag by the Guatemala Authorities, 
was agreed upon by General Solares, in command of the 
troops, and myself. 

4. On the 4th instant the salute to the British flag of 
twenty-one guns was fired precisely at 10 o'clock, with 



12 

every solemnity, and to witness the ceremony Her 
Majesty's Charge d' Affaires attended, also the United 
States Minister, General Williamson, who had come ex- 
pressly from Guatemala to be present, and for whose 
presence and courtesy I shall always feel indebted. 

5. The Captains of the "Repulse," "Tenedos," "Fan- 
tome," and "Peterel," their officers and the Consular Au- 
thorities, and English and foreign residents, also took 
part in the ceremony. 

6. It is with great pleasure I have to mention that, not 
only did General Solares carry out everything exactly as 
agreed upon in the programme, but when the British 
flag was being hauled down at the conclusion of the 
ceremony his troops presented arms, and subsequently 
lined the entire length of the pier on my embarkation, 
prior to which, as a proof of cordiality and good will, 
General Solares invited the Diplomatic Body and myself 
to take wine in his house. 

6. At 1 P. M. Her Majesty's ship "Repulse" saluted 
the Guatemala flag with twenty-one guns; subsequently 
my flag was saluted with thirteen guns, both of which 
were respectively returned. 

7. At 4 P. M. the Diplomatic Body and General 
Solares, his officers, the captains of the squadron, and 
leading merchants, were entertained by me at a banquet 
on board Her Majesty's ship "Repulse," and General 
Solares on leaving received the salute due to his rank, 
which was duly returned. Thus ended the ceremonies of 
the day with the Guatemala Authorities, which were con- 
ducted and concluded with cordiality and good will. 

I have, &c., 

(Signed) A. A. COCHRANE. 



13 

Admiral Cochrane received the approval of his govern- 
ment and was commended for "the discretion shown by 
him in performing the important and delicate duty with 
which he was charged. 

Lord Derby instructed the head of the British Mission 
in the United States to express his government's apprecia- 
tion of the courageous action of Consular Agent James, 
and of the cooperation of the American minister. 



. TODDRY OF CONGRESS 
015 838 o'** •• _ 



4 







OREGON 
RULE 



1 



U.S.A. 



2 



3 



5 






lOREGON RULE CO 



U.S.A. 







6 



7 



g 



9 



10 



11 



8 



9 



10 



